Terms of use

ACCOUNTFY SERVIÇO DE SOFTWARE LTDA., a limited liability company registered with the CNPJ under No. 27.784.934/0001-18, with its headquarters in the City of São Paulo (hereinafter “Accountfy”), by this instrument (“Terms of Use”) establishes the conditions for the use of the Accountfy Website and Platform and how the relationship between Accountfy and each of the Website Users will be governed:

I. DEFINITIONS

1.1. For all purposes of this document, the following defined expressions and terms starting with a capital letter will have the meanings indicated below, whether in the plural or singular, masculine or feminine:

Accept or Acceptance: means the act of the User clicking the “By registering, I agree with the Terms of Use” box displayed on the Website. Such act implies the User’s automatic adherence and prior and express consent in relation to everything contained in this document.

Accountfy Client: means the legal entity that has agreed to hire the Accountfy Platform for the purpose of managing its set of financial information, and which has granted access to such information to certain User(s) designated by it for the purpose of using the Accountfy Platform.

Accountfy Account: means the User’s access account to the Accountfy Platform, created through a registration made by the User, at their responsibility and risk, on the Website.

Content: means any and all information made available through the Website, such as texts, data, spreadsheets, organizational charts, templates, images, videos, audios, interactive resources, including the source codes used to display this content, such as those in HTML, CSS, Angular JS, Java, and any others that may be used or created for the purpose of making information available through the Website.

Access Data: means the information collected from Users with access and use of the Website, including, but not limited to, information regarding the access browser, information about computer resolution, Internet Protocol (IP) address, average time spent, date and location/region of access.

Personal Data: means any data voluntarily entered by the User in their Accountfy Account, such as name, CNPJ, CPF, address, telephone number, email address, position, function, in addition to financial and accounting information, including that relating to expenses incurred, debts, and investments, income statements for the fiscal year, balance sheets, corporate goals, as well as any other data relevant to the financial and accounting planning of the Client to which the User is linked.

Privacy Policy: means the policy to be followed by the Parties regarding the protection of privacy and the use of Personal Data provided by the User.

Website: means the electronic address www.accountfy.com or any other that may replace it, with Accountfy being the sole and exclusive owner of the brands and domains associated with it.

Accountfy Platform: means the system and software developed and exclusively owned by Accountfy, in which the User’s Personal Data will be inserted, managed, and handled.

Terms of Use: has the meaning attributed in the Preamble.

User(s): means any natural person, designated for the use of the Accountfy Platform by Accountfy Client(s), who, upon performing the Acceptance and registering their personal information on the Accountfy Website, automatically adheres to the conditions described in these Terms of Use. The legal representative of the Accountfy Client, or of the group of legal entities of which the Accountfy Client is a part, may, under their sole and strict responsibility, grant other new users access to the information of the legal entity or the group of legal entities under common control, as the case may be.

II. OF THE WEBSITE AND THE USE OF THE ACCOUNTFY PLATFORM

2.1. The Accountfy Platform offers financial management tools for legal entities, allowing the Client, among other functionalities, to perform managerial analysis of the financial statements of the legal entities controlled by the Client, to monitor its performance through the construction of specific indicators for its business sector, to monitor its budget and goals, to monitor management tools, and to perform its financial analysis.

2.2. With the creation of the Accountfy Account, the User will enter their Personal Data on the Website and will choose, among those available, a username and password that must be used exclusively for access to their Accountfy Account.

2.2.1. The password and username created by the User to access their Accountfy Account are confidential and the exclusive responsibility of the User, who must contact Accountfy immediately in the event of a breach of their confidentiality.

2.3. The User will be responsible for the truthfulness, validity, and accuracy of the Personal Data provided by them during registration, including the provision of a valid email address of their ownership, and is also responsible for keeping said registration always updated. Accountfy will have no obligation to inspect the Personal Data provided by Users, but may, at its sole discretion, check information that appears untruthful or offensive.

2.4. Acceptance of these Terms of Use grants the User a personal, revocable, non-exclusive, temporary, and non-transferable license to use the Accountfy Platform through the Website, exclusively in the manner provided in this instrument, it being understood that the User may not use or permit the use of the Accountfy Platform for any other purpose not expressly provided for in these Terms of Use. Thus, the User will not be permitted to copy, modify, distribute, sell, or rent the services made available by Accountfy originating from the Accountfy Platform and the Website, or to perform any type of decompilation, decompression, reverse engineering, or access to the source code of the Accountfy Platform.

III. REGISTRATION

3.1. To use the functionalities offered by the Accountfy Platform, it is necessary for the User to register by creating an Accountfy Account, upon mandatory reading and Acceptance of the conditions set forth in these Terms of Use.

IV. COMMUNICATION WITH ACCOUNTFY

4.1. For any matter related to the conditions of these Terms of Use, as well as to the Website or the Accountfy Platform, the User must contact Accountfy through the email compliance@accountfy.com.

V. LIMITATIONS OF USE AND INTERFERENCE

5.1. Accountfy may modify, cancel, or suspend, totally or partially, the User’s Accountfy Account, in addition to applying any applicable legal measure, when the User:

(i) while using the Website and/or Accountfy Platform, violates applicable laws in Brazil, the Terms of Use, Accountfy’s and/or third parties’ property rights, including, without limitation, the violation of intellectual, copyright, and privacy rights, or the production and dissemination of illegal, unlawful, inappropriate, or offensive content;

(ii) copies, assigns, sublicenses, sells, leases, or gives as collateral, reproduces, donates, alienates, or in any way transfers, totally or partially, under any modality, gratuitously or onerously, temporarily or permanently, the Accountfy Platform, as well as its modules, parts, manuals, applications, forms, reports, or any information related to it to third parties;

(iii) employs software, techniques, and/or artifices with the intent to improperly use the Website and/or the Accountfy Platform for practices harmful to Accountfy or third parties;

(iv) reproduces, duplicates, copies, modifies, sells, and/or uses, in whole or in part, for any purpose, the Accountfy Platform or any Content on the Website without prior and express authorization from Accountfy;

(v) publishes or transmits any file that contains a virus or any other contaminating or destructive program, or that may otherwise interfere with the proper functioning of the Website and/or the Accountfy Platform or that may cause damage to its recipient, third parties, or Accountfy;

(vi) uses the Accountfy Platform for a purpose other than that for which it was made available by Accountfy;

(vii) accesses, discloses, uses, or modifies the data of other Users.

VI. CONFIDENTIAL INFORMATION AND PRIVACY POLICY

6.1. By registering on the Website, the User automatically agrees to Accept and practice what is stated in this document. The Acceptance of the Terms of Use will authorize Accountfy to use the Personal Data and Access Data in the manner provided herein.

6.2. The User is responsible for maintaining the confidentiality of their Access Data, and should not provide it to third parties, which is why Accountfy is not responsible for any action or manipulation of this information by third parties.

6.3. Accountfy will not provide User Data to third parties without prior authorization from the User, except in cases of a judicial request or in a generic form, for the preparation of statistics in the manner provided in Clause 6.5, below.

6.4. By providing their Personal Data, the User allows Accountfy to use it to develop and improve the services and functionalities offered by the Accountfy Platform, as well as to resolve problems with the Website and/or the Accountfy Platform related to errors, fraud, or electronic crime.

6.5. By providing their Personal Data, the User allows Accountfy to use it to identify specific User needs with the aim of suggesting personalized products and services, it being certain that Accountfy may not disclose Users’ Personal Data to third parties, except with the free and express consent of the respective Users.

6.6. Any advertising inserted on the Website or directed to the email address provided by the User in their Accountfy Account will be broadcast directly by Accountfy, and Users’ Personal Data may be transmitted to third parties only in an aggregated and non-identifiable form for the purpose of planning and targeting the advertisements.

6.6.1. Accountfy is not responsible for the protection of the User’s Personal Data when the User clicks on an advertising banner or in any way agrees to be redirected to an advertiser’s website, in which case the User will be subject to the terms of use and privacy policy of that website.

6.7. Accountfy may use “cookies” (temporary or not), “tags,” and other similar technologies for the purpose of storing the User’s Access Data in the Accountfy Account and in order to facilitate the User’s future access to the Website, and the User may disable the collection of cookies in their browser.

6.8. The User authorizes Accountfy to send emails, communications, or alerts with the aim of guiding them to a better use of the functionalities of the Accountfy Platform.

6.9. If the User deletes their Accountfy Account, all of their Personal Data will also be deleted from the Accountfy Platform.

6.9.1. Accountfy reserves the right to, eventually, keep the User’s Personal Data and Access Data for the purpose of complying with an order from a public and/or governmental authority and/or a judicial decision.

6.9.2. If the Accountfy Account is deleted due to non-payment, Accountfy will continue to use the User’s Personal Data in a generic and anonymous form as provided in Clauses 6.3 and 6.4.

6.10. In the event of a transfer of Accountfy’s corporate control through acquisition, sale, merger, or any form of corporate reorganization, the protection of Users’ Personal Data and Access Data will be guaranteed.

6.11. The User may not make their Accountfy Account access available to third parties. IF INFORMATION IS MADE AVAILABLE AND CAUSES DAMAGE TO THIRD PARTIES AND ACCOUNTFY IS COMPELLED TO INDEMNIFY FOR SUCH DAMAGES, THE USER WILL BE RESPONSIBLE FOR RESTITUTING THIS CONTINGENCY IN ITS ENTIRETY.

VII. INTELLECTUAL PROPERTY

7.1. The User does not acquire, through these Terms of Use, any intellectual property rights or other exclusive rights, including patents, designs, databases, trademarks, copyrights and economic rights, or rights over confidential information or trade secrets, over or related to the Accountfy Platform and/or the Website, which are the exclusive property and ownership of Accountfy.

7.2. If the User develops a new module or product that constitutes a copy, in whole or in part, of the Accountfy Platform, it will be considered as part of the Accountfy Platform, with its ownership therefore being incorporated by Accountfy and its use conditioned on these contractual clauses.

7.3. The content made available on the Website, including texts, images, graphics, tables, data, and any other material, belongs to Accountfy and is protected by Brazilian legislation regarding intellectual property and copyrights, and may only be used by the User for personal use, with any other form of use of the Content other than in the manner of these Terms of Use being prohibited.

7.4. Accountfy may, at its sole discretion, at any time, and without the need for prior communication to the User, add, exclude, or modify the Content offered on the Accountfy Platform, in which case it will proceed in the manner provided in clause 10.3.1. below.

7.5. Accountfy may, at its sole discretion, modify, suspend, or terminate its activities and/or the Website, by giving prior notice to the Accountfy Client and the respective Users designated by said Client to the email address provided in the Accountfy Account and/or by means of a notice on the Website, except in cases of force majeure or acts of God in which communication will be waived.

7.6 This application uses audio content from the platform https://notificationsounds.com/, whose rights of use, exclusion, and public license are regulated by creative commons, present at https://creativecommons.org/licenses/by/4.0/legalcode.

7.6.1 List of audios used (https://notificationsounds.com/notification-sounds/for-sure-576)

VIII. LIMITATION OF LIABILITY

8.1. The information generated by the Accountfy Platform and transmitted to Users is of a merely informative nature and is nothing more than suggestions, IT BEING EXCLUSIVELY AT THE CRITERION AND RESPONSIBILITY OF THE USERS TO INTERPRET/APPLY IT AND FOR ANY DAMAGES RESULTING THEREFROM.

8.2. THE ACCOUNTFY PLATFORM PROCESSES PERSONAL DATA AUTOMATICALLY AND NON-PERSONALLY, IT BEING CERTAIN THAT ACCOUNTFY IS NOT RESPONSIBLE FOR THE CONCRETIZATION OF FINANCIAL RESULTS EVENTUALLY EXPECTED BY THE USER AFTER THE IMPLEMENTATION OF SUGGESTIONS PRESENTED BY THE ACCOUNTFY PLATFORM. The suggestions presented on the Accountfy Platform are provided solely based on the information made available by Users, and therefore, Accountfy cannot guarantee that all relevant information has been provided or guarantee the veracity of such information. Furthermore, the results of Users’ financial analyses are subject to the economic areas inherent to business activity, over which Accountfy has no control or conditions to predict accurately. Therefore, THE USER DECLARES TO BE FULLY AWARE THAT ACCOUNTFY DOES NOT GRANT ANY WARRANTY OR PROMISE OF GAINS OR FINANCIAL ACHIEVEMENTS AS A RESULT OF THE USE OF THE INFORMATION MADE AVAILABLE ON THE WEBSITE OR THROUGH THE ACCOUNTFY PLATFORM.

8.3. ACCOUNTFY WILL NOT BE LIABLE, UNDER ANY HYPOTHESIS, EVEN ON A JOINT OR SUBSIDIARY BASIS:

(i) for the accuracy, authenticity, validity, and updating of the Personal Data provided by Users, it being the User’s responsibility to verify, on their own, whether such information is true and complete before making any decision based on it;

(ii) for the services or products offered on the Website by advertisers or any third parties, including with regard to their availability, quality, quantity, essential characteristics, offers, prices, forms of payment, or any other elements related to them;

(iii) for any losses suffered by Users due to decisions made based on the information made available on the Website, with no warranty regarding satisfactory quality being applicable to the service;

(iv) for any losses suffered by Users due to failures in the computer system or servers that are not attributable to Accountfy’s fault or due to failures in their connectivity to the Internet in general, it being the User’s full and exclusive responsibility to independently and at their own expense obtain the necessary equipment, software, and services to ensure their connection to the Internet;

(v) for situations of act of God, force majeure, or acts performed by the User themselves, in accordance with the Brazilian Civil Code;

(vi) for the repair of damages of any nature caused by third parties in the breach of privacy or data security of the User during the connection of their computer to the internet;

(vii) for damages caused by harmful programs to the User’s equipment (such as, but not limited to, viruses and trojans), even if such files and programs have been received through an email account of the User registered under the terms of this instrument;

(viii) for any failure in the email system, even for a reason attributable to it, it being established that access to the email service, when available, will be provided as it is; and

(ix) for the uninterrupted, secure, or error-free provision, including non-delivery or failure to archive any Data or information registered by the User, that any functionality will continue to be available, that defects in the Accountfy Platform will be corrected, or that the Accountfy Platform will be compatible or will work with any third-party software, applications, or services, with Accountfy not providing any support, customer service, or technical assistance services.

8.4. As provided in Clause 6 of these Terms of Use, Accountfy will use its best efforts and all means at its disposal to protect Users’ Data; however, Accountfy does not guarantee that the measures adopted aimed at safeguarding Users’ Data are free from errors or that they are not subject to interference from third parties, such as hackers. BY ACCEPTING THESE TERMS OF USE AND BY USING THE WEBSITE AND THE ACCOUNTFY PLATFORM, THE USER UNDERSTANDS AND EXPRESSLY ASSUMES THE RISK THAT THEIR DATA MAY BE DISCLOSED TO THIRD PARTIES DUE TO EXTERNAL FACTORS AND/OR FACTORS OUTSIDE ACCOUNTFY’S CONTROL AND AGREES THAT ACCOUNTFY WILL NOT BE RESPONSIBLE FOR THIS TYPE OF DATA LEAKAGE OR FOR ANY DAMAGES THAT MAY RESULT THEREFROM.

IX. INDEMNIFICATION

9.1. The User agrees to defend, indemnify, and hold Accountfy and its affiliates, directors, partners, employees, and agents harmless from and against any charges, actions, or demands, including, but not limited to, legal fees, resulting from: (i) their eventual improper use of the Website, the Accountfy Platform, and/or its Content; or (ii) the violation of the conditions hereby agreed upon.

9.2. IN NO EVENT SHALL ACCOUNTFY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, CORRUPTION OR LOSS OF DATA, FAILURE OF DATA TRANSMISSION OR RECEPTION, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS, ARISING FROM OR RELATED TO THE USE OF THE ACCOUNTFY PLATFORM.

9.3. In the event that Accountfy is compelled, by a judicial decision, to indemnify or reimburse the User for any damages suffered, the amount owed to the User will be limited to the total amount effectively paid by the User to Accountfy for the use of the functionalities offered by the Website and the Accountfy Platform.

X. AI SOLUTIONS BUILDER

10.1. Definitions

AI Solutions Builder: Accountfy’s artificial intelligence platform for the creation, editing, and automated execution of software with the help of artificial intelligence, hosted in a secure environment certified by SOC I and II Type 2.

AI Assistants: auxiliary functionalities based on artificial intelligence, owned by Accountfy.

Credits: prepaid, non-refundable, and non-transferable credits used exclusively to access software development and editing functionalities and the use of AI agents on the Accountfy platform.

Inputs: set of information provided to the AI Solutions Builder for processing, learning, or producing results.

Monthly Fee: recurring fee charged for the hosting, processing, and availability of the software created via AI Solutions Builder, regardless of the acquisition of credits.

Outputs: result generated by the AI Solutions Builder after processing the input data.

Premium Support: optional and paid additional customer support service, aimed at adjustments, corrections, and optimizations.

Sensitive Personal Data: are all information relating to an identified or identifiable natural person that directly or indirectly reveals: a. racial or ethnic origin; b. religious, philosophical, or similar belief; c. political opinion; d. union affiliation or membership in a religious, philosophical, or political organization; e. health data; f. data relating to sexual life or sexual orientation; g. genetic data; h. biometric data, when used to uniquely identify a natural person. – thus reflecting the concepts provided in Law No. 13,709/2018 (LGPD) and Regulation (EU) 2016/679 (GDPR).

10.2. Conditions of Use

The use of the AI Solutions Builder involves two independent billing components: Credits (prepaid, pay-per-use); Monthly Fee (MRR) for hosting/processing.

10.2.1. Credits

Access to the AI Solutions Builder is conditioned on the prior acquisition of credits, which will be consumed proportionally to the use of the functionalities (for example, prompts, code generation, or modifications).

1. The acquired credits will have a validity period of 12 (twelve) months from the date of their acquisition. After this period, any unused credits will automatically expire, with no right to reimbursement or compensation, regardless of the continuity of the contractual relationship between the parties.
2. The consumption of credits is irreversible. Consumed credits cannot be refunded even if the result does not meet the user’s expectations.
3. Once the service is terminated, regardless of the reason, the User will not be entitled to any kind of reimbursement for unused credits.

The 7-day right of withdrawal, provided for in the Consumer Protection Code, does not apply to already used credits, as they are a consumable and irreversible credit.

10.2.2. Monthly Fee

The monthly fee billing is independent of the acquisition of credits and will remain in effect until the effective cancellation of the service by the User.

The monthly fee is for the hosting, execution, and continuous availability of the software created in the AI Solutions Builder and will remain in effect until the effective cancellation of the service by the User, and is not subject to reimbursement in case of early termination.

Non-payment of the Monthly Fee may result in the suspension of access to the hosted software.

Exceptionally, the User will be entitled to a discount on the following monthly fee, proportional to the period in which there was no possibility of using the AI Solutions Builder, exclusively in cases where:

1. there is a total and continuous failure in the provision of the service, which completely prevents access to and use of the AI Solutions Builder; and
2. the failure is proven to be the exclusive fault of Accountfy, not including cases of: unavailability due to scheduled maintenance, third-party failures (internet providers, cloud services, external APIs), misuse by the User, or force majeure events.

10.3. Intellectual Property and Licensing

The User acknowledges and agrees that any and all Output generated from the Inputs provided by the User, including, but not limited to, content, result, response, report, model, image, text, code, recommendation, architecture, source code, and operating logic or other form of output generated by the AI Solutions Builder, will be the exclusive property of Accountfy, which may use, reproduce, modify, distribute, commercialize, and exploit it freely, for any purpose.

It is reserved, however, that the User’s private data, such as identifiable personal information, confidential or sensitive data, remains the property of the User and will be treated in accordance with applicable legislation and Accountfy’s Privacy Policy, with no ownership rights over such information being transferred to Accountfy.

The User also declares that they have all the necessary rights over the Inputs, taking full responsibility for their content and exempting Accountfy from any liability arising from the use of such information.

All software generated through the AI Solutions Builder belongs entirely to Accountfy, including its architecture, source code, and operating logic.

The User only acquires the right to use it, conditioned on the payment of the Monthly Fee.

Accountfy reserves the right to commercialize, sublicense, or resell software developed in the AI Solutions Builder, including its architecture, source code, and operating logic.

The outputs generated by the AI Solutions Builder may be similar or identical to outputs provided to other users, with no exclusivity.

10.4. Data Management and Security

The User declares to be aware that Accountfy may collect, process, and analyze technical usage data of the AI Solutions Builder, including logs, performance metrics, usage statistics, error logs, and anonymized or aggregated data, exclusively for:

1. platform maintenance and operation;
2. performance and stability monitoring;
3. detection and prevention of failures and security incidents;
4. continuous improvement of functionalities and the User’s experience.

The User acknowledges and agrees that all data, content, information, or materials inserted by them into the AI Solutions Builder remain their exclusive property, except for the applicable intellectual property provisions contained in these Terms of Use.

The User declares not to insert sensitive or prohibited data by the LGPD, unless there is a valid legal basis and express authorization from Accountfy.

The User is prohibited from inserting sensitive data, data of minors, or data subject to specific regulatory regimes (e.g., health, financial, PCI-DSS), unless expressly authorized by Accountfy and in compliance with applicable legal provisions.

The processing of personal data will follow the provisions of Accountfy’s Privacy Policy and the LGPD, without prejudice to the observance of applicable international norms (such as GDPR and CCPA, when applicable).

Accountfy will not use the User’s personal data, nor data inserted by them into the AI Solutions Builder, for the purpose of training artificial intelligence models, except with the User’s prior, express, and unequivocal authorization, formalized in a specific contractual instrument.

Accountfy adopts adequate technical and organizational measures for the protection of data and software created in the AI Solutions Builder, including, but not limited to:

1. encryption at rest and in transit;
2. access control and profile segregation;
3. periodic backups;
4. regular security tests and internal audits.

The User acknowledges that Accountfy is not responsible for failures resulting from:

1. Insertion of improper data by the User, which violates security standards or current legislation;
2. External integrations;
3. Improper use of the developed software.

10.5. Support and Additional Services

The hiring of the AI Solutions Builder does not include maintenance, technical support, or performance guarantees for the software created.

Accountfy may offer, on an optional and paid basis, additional Premium Support services, aimed at adjustments, code correction, and optimization, charged by the hour or project.

Support services do not cover messaging, external integrations, or data inserted by the User.

10.6. INTERNAL MARKETPLACE

Accountfy may make software created in the AI Solutions Builder available for commercialization within the Accountfy ecosystem, subject to the platform’s internal rules.

By choosing to edit or customize the software after its availability, the User acknowledges that they will lose any right to support associated with the use of the tool.

10.7. Responsibilities

10.7.1. Accountfy’s Responsibilities

10.7.1.1. Absence of Warranties

Accountfy does not guarantee that the AI Solutions Builder or any software, codes, outputs, or results derived therefrom will meet specific requirements of quality, performance, security, compatibility, reliability, or suitability for purposes determined by the User.

The AI Solutions Builder is made available in the “as is” modality, without express or implied warranties of any nature.

10.7.1.2. Limitation of Liability

To the maximum extent permitted by law, Accountfy will not be responsible for indirect, incidental, special, punitive, or consequential damages arising from the use of the AI Solutions Builder, such as loss of profits, revenues, data, expected savings, or business interruption.

Except in cases of fraud, willful misconduct, bad faith, or intentional violation of third-party rights, Accountfy’s total liability will be limited to the amount effectively paid by the User to Accountfy in the 12 (twelve) months prior to the event that originated the claim.

10.7.1.3. Versioning and Rollback

The software, codes, and outputs developed by the AI Solutions Builder will be generated in a versioned manner, allowing the registration of the different editions made by the User.

Accountfy will maintain backups for contingency and operational continuity purposes, allowing the User, upon request, to roll back to previous versions.

• The rollback will be limited to the versions stored by Accountfy, not covering local editions, external integrations, or customizations not registered in the AI Solutions Builder.
• Accountfy does not guarantee the availability of all intermediate versions, but only of those effectively stored in its versioning system.

Accountfy is not responsible for losses, deletions, corruptions, or failures resulting from the absence of backups maintained by the User, nor for changes made without due validation and registration in its environment.

10.7.2. User’s Responsibilities

10.7.2.1. Review and Approval

The User is exclusively responsible for reviewing, validating, testing, and approving all software, code, or output generated by the AI Solutions Builder before using it in production, commercial, or critical environments.

Accountfy expressly recommends that the User, by themselves or by professionals hired by them, evaluate, test, validate, and approve the generated code, in order to ensure its technical adequacy, security, performance, and legal compliance.

The use of the outputs without due validation will be the sole responsibility of the User, exempting Accountfy from any obligation or burden arising from failures, damages, or losses resulting therefrom.

10.7.2.2. Risks

The User acknowledges and agrees that the outputs generated by the AI Solutions Builder may:

1. contain errors, bugs, security flaws, or vulnerabilities;
2. present incomplete, inaccurate, inefficient, or non-optimized results;
3. inadvertently violate or reproduce third-party intellectual property rights;
4. not meet the User’s intended expectations or objectives.

10.7.2.3. Backups and Version Control

The User is exclusively responsible for reviewing, validating, and maintaining backups of the versions of the software edited or modified by them, as well as for managing the implemented changes.

10.8. Improper Uses

The User is prohibited from using the AI Solutions Builder to develop, host, distribute, license, or in any way exploit software, codes, or Outputs for any improper, illicit, or non-compliant purpose with these Terms of Use, including, but not limited to:

(i) Use of Sensitive Personal Data: insertion, upload, storage, transmission, or processing of Sensitive Personal Data in the AI Solutions Builder, development, training, or provision of applications, functionalities, or artificial intelligence models, from the AI Solutions Builder, that require, request, process, handle, or in any way condition their operation on the provision of Sensitive Personal Data by end users or third parties, or any use of the AI Solutions Builder that violates the legal restrictions applicable to the processing of Sensitive Personal Data provided for in the LGPD and the GDPR;

(ii) Illicit or illegal practices: financial fraud, money laundering, drug, weapon, or human trafficking, terrorism, sexual exploitation, cybercrime, environmental crimes, corruption, document forgery, and other conduct typified by law;

(iii) Generation of prohibited content: deepfakes, mass misinformation (including about medicine, health, and science), hate speech, defamatory, violent, discriminatory, pornographic, sexually explicit, or adult material or that attacks the dignity of any person or group;

(iv) Spam and abusive contacts: sending unsolicited mass communications, spam, phishing, or other abusive contact practices;

(v) Violation of third-party rights: intellectual property rights (copyrights, patents, trademarks, industrial designs, trade secrets), personality rights, privacy, confidentiality, personal data protection, or any rules applicable to the protection of third-party information;

(vi) Threats to digital security: creation or dissemination of malicious codes, reverse engineering, decompilation, disassembly, modification, or attempt to derive the source code, models, algorithms, or architecture of the AI Solutions Builder; unauthorized access, cyber attacks, or intentional overloading of the AI Solutions Builder;

(vii) Deceptive or manipulative activities: false identities, fictitious profiles, manipulation of social networks, fraudulent evaluations or testimonials;

(viii) Use in sensitive sectors without prior authorization: medical, legal, financial, psychological, or decision-making applications that affect fundamental rights, without express approval from Accountfy;

(ix) Unauthorized commercial exploitation: resale, sublicensing, use in unfair competition, or outside the licenses granted;

(x) Scraping and data mining: use of unauthorized scraping, extraction, or data mining techniques to collect information, outputs, or metrics from the AI Solutions Builder;

(xi) Training of competing systems: direct or indirect use of the outputs generated by the AI Solutions Builder to train, develop, or improve competing systems, artificial intelligence models, or similar products that compete with the AI Solutions Builder or with other Accountfy services;

(xii) Security manipulation: attempt to circumvent security mechanisms, bypass use restrictions, or compromise the integrity and availability of the system.

10.8.1. Consequences of Non-Compliance

Non-compliance with the provisions of this clause may result, at Accountfy’s sole discretion, in:

1. immediate suspension of the User’s access to the AI Solutions Builder;
2. contractual termination for cause;
3. civil, administrative, and criminal liability, including the duty to indemnify Accountfy and/or third parties who have been harmed.

The User will be fully and exclusively responsible for any violation resulting from the use of the AI Solutions Builder in non-compliance with this Clause, obligating themselves to keep Accountfy fully free and harmless from any and all claims, charges, administrative penalties, liability, loss, damage, condemnation, fine, expense, or cost (including legal fees) arising, directly or indirectly, from non-compliance with this obligation.

10.9. Indemnification by the User to Accountfy

The User will indemnify and defend Accountfy for losses, damages, costs, and expenses (incl. legal fees) arising from:

1. illegal, improper, or undue use of the AI Solutions Builder;
2. insertion, upload, transmission, sharing, or processing of prohibited personal data, including, but not limited to, sensitive data, data of minors, or any others whose processing requires a specific legal basis not obtained by the User;
3. violation of third-party rights, including intellectual property rights, privacy, confidentiality, or any other rights protected by applicable law;
4. damages to third parties caused by the use, exploitation, or provision of software, codes, or outputs generated by the AI Solutions Builder.

Accountfy must notify the User upon becoming aware of any claim, and the User may assume the defense, but may not, however, enter into agreements that admit guilt or obligate the Indemnified Party without its consent.

The indemnification obligations survive the termination or expiration of these Terms, remaining valid as long as liabilities or claims related to the use of the AI Solutions Builder persist.

10.10. Free Release

Without prejudice to the other provisions of these Terms, the free provision of the AI Solutions Builder will comply with the following:

The AI Solutions Builder will be made available through a waiting list. The Accountfy Client expresses interest in the platform, and the effective release of access will be made gradually by Accountfy. Accountfy may postpone, suspend, or temporarily revoke access for technical or operational reasons.

During an initial period established by Accountfy, the User may create and publish applications freely using the AI Solutions Builder. After this period, the continuous maintenance/publication of the applications will be conditioned on the monthly payment indicated by Accountfy; in the absence of a valid contract, the publication may be suspended.

Accountfy will define the initial amount of credits granted to each Accountfy Client, valid for all products that consume AI on the platform (Analytics, chat assistants, etc.). Credits cannot be purchased electronically; when they run out, the consumption of AI will be blocked, and the Accountfy Client must contact their implementation and customer success consultant. Additional credit grants are controlled internally and depend on the electronic signature of an addendum. Credits are not transferable and may have a validity period.

XI. TERM AND TERMINATION

11.1. These Terms of Use will be effective for an indefinite period.

11.2. The User may, at any time, request the cancellation of their Accountfy Account, by making a cancellation request directly on the Website. In this case, the User’s data will be treated in the manner provided in Clause 6 of these Terms of Use.

11.3. Accountfy may, at any time, change these Terms of Use as well as the functionalities of the Accountfy Platform, at its sole discretion. Any changes will be communicated by means of a notice on the Website, or, whenever the changes indicate limitations on the use of the services by the User, Accountfy undertakes to inform the User, via email, about such modifications.

11.3.1. If the User does not agree with the changes, they must cancel their Accountfy Account, in accordance with clause 10.2. above within 20 days counted from the receipt of the communication from Accountfy. If the User continues to use the services made available by the Website after this period, it will be considered that they expressly agree/have agreed with the implemented changes.

XII. GENERAL PROVISIONS

12.1. These Terms of Use are an integral part of the Service Provision Agreement signed between Accountfy and the Accountfy Client.

12.2. The parties elect the Court of the District of São Paulo, State of São Paulo, as the sole competent forum to resolve any dispute resulting from these Terms of Use, waiving any other, no matter how privileged it may be.